Home  >  Community  >  Fraud and Illegal Goods  >  Is THIS FRAUD????


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 peachypie
 
posted on April 20, 2000 11:08:02 PM new
I ran across the deal of a life time on a major auction site (not person to person but big company).

I found 3 mountain bikes that were about $300.00 EACH (retail). The auction had JUST opened so I took a look.
Bare in mind this auction is always experimenting with reserves, bid increments, quantities etc.
You never know quite what to expect. Anyway these 3 bikes were listed as "english Auction" NO RESERVE high bidder wins. Simple.

I was amazed and excited when I saw the opening bid was $5.00 and nobody had bid yet and there was NO RESERVE!! I was MORE amazed to see a bid increment of $199.00. That's correct, a $199.00 bid increment.
That meant to win, a bidder would have to bid $204.00. WOW.
I'm no fool so I quickly bid figuring I had a great chance of winning at least ONE. It was a 2 day auction.
I checked the next day and no new bids. All day I was chomping for the results.
When I got home I had an email and it said "you were OUTBID by another bidder". I was bummed.
Curious I went to see what they went for and , low and behold I'm the SOLE BIDDER on ALL 3!!

I emailed them and asked how this could happen. They told me they listed the bikes by mistake and realized only a few hours before the auction closed that the had listed them in ERROR and DID NOT HAVE THE MODEL IN STOCK.
I was still bummed and just a bit curious. I asked them WHY my Email notifacation said I was "outbid" by another bidder and they blamed the computer system.
Still bummed and feeling a bit cheated I decided to sit back and watch because they DID have the identical bike in a slightly different size and their written policy says when an item is out of stock they will replace it with an item of equal or greater value. I asked about that and they just said "NO".

Here is were it gets interesting. The VERY NEXT DAY, you guessed it, 3 identicle bikes. Minimun bid $199.00. I felt cheated.
For the next 4 days they had those bikes, that were "never in stock", on the auction. They are still there and I stopped printing out the auction page on the fifth day figuring if 5 days wasn't enough proof I didn't need any.

I KNOW I was LIED to, and MORE THAN ONCE. I figure either they were listed improperly or they were trying something cute and it backfired. I told them it was frowned upon to cancel an auction that already had bids and they said "tough". I asked them why the let a 2 day auction go on for 45 hours before cancelling and they just didn't answer at all.

We know I was lied to. Was I cheated out of my WINNING BIDS or did they have a right to cancel an auction they saw was going to be a loser????
[ edited by peachypie on Apr 20, 2000 11:01 PM ]

 
 jupiterock
 
posted on April 26, 2000 05:06:28 PM new
It is my understanding that a company is NOT obligated to sell to you if there was an error in the pricing of an item. I'm guessing that was the case here- probably supposed to be $199 starting price with $5 bid increments, right?

BUT, if this was just some kind of gimmick that didn't work out, it's a different story. The fact that they lied to you probably doesn't change the legality of the situation, but I don't know for sure.

If it were me, I think I would write a snail mail letter to the Director of Customer Service, explaing the situation, including copies of emails, etc. I'd bet you would get some kind of offer from them -- not 3 bikes for $5, but maybe some kind of significant discounts or other free items.

Good luck.
 
 kdishisions
 
posted on May 8, 2000 06:31:20 PM new
I dissagree with their methods. They had enough time to audit their auction. I certainly audit mine! If I list something low with the intent that it will draw in bidders, and only one bidder bids....they win! They just got a great deal- that's all! They should have atleast honored you by allowing you one bike at that price or offered you one at an outrageously great price. They should never lie-ever! I don't- it's my policy and it works. As a result my buyers are unbelievably happy with what they buy, and thus; so am I.
Give 'em hell!
Kdishisions-Karen
 
 lchele
 
posted on May 17, 2000 08:40:32 PM new
Sounds like they goofed and don't want to hold up their end of the bargin, I would check every avenue there is at this auction site and go from there....Something doesn't sit right with it....
Michelle

 
 bozo2
 
posted on May 19, 2000 06:13:50 PM new
I've had a number of problems with UBID and ONSALE and I can tell you that there's very little you can do except write your story down, send a copy to your local legislators, the state attorney generals office where the auction house is located, and whereever else on the internet you can. Don't expect to get any help. However if enough people complain it might prompt an investigation and possibly some changes. Complaining in this forum is good, but the content changes, and gets discarded, so only a relatively few people see it.

Basically, none of these places are regulated. They can do pretty much anything they want. As long as they don't develop a negative reputation among the general public they can operate a pretty lucrative business. I know of one auction house in particular that was chiefly driven by selling stock. That is, the company was a small startup with a major storefront on the web. Basically, they were just a computer or two in a room with all the network plumbing which allowed them to put up a storefront for the actual sellers. They had no inventory, and they did no shipping. Their customer service was basically someone they hired at minimum wage to answer the phones. They spent a lot of money on advertising. After a year they went public and then basically put everything into forcing the stock price up. Then one day, it all collapsed. The major players sold their stock, closed the company, and that was it.

If the auction house has a stated policy that says they can change the auction any time they want, you probably don't have much of a claim. But, suppose they don't have a stated policy. You still have to test the transaction in the court. And, unless it's a class action suit, or unless you have a lot of money, forget about it. Most companies on the internet are aware of this and take advantage of the situation.
 
 
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